24FC:0050: Beckett/Iowa Department of Corrections - Dismissal Order

Date:
08/15/2024

Subject:
Beckett/Iowa Department of Corrections - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order:

On May 31, 2024, Beckett filed formal complaint 24FC:0050, alleging the Iowa Department of Corrections (“Department”) violated Iowa Code Chapter 22.

Facts

Beckett’s complaint alleges the Department violated Iowa Code Chapter 22 by refusing to provide the names, salaries, and titles of employees shown in a photograph. The photograph provided by Beckett is not a public record, but rather appears to be a photo taken by a member of the public. Beckett states as follows:

“I am writing to demand the immediate release of information requested under the Freedom of Information Act. On May 23, 2024, under request #24-1604, I sought the names, salaries, and titles of certain employees who work at the DOC located at 420 Mill St SW, Mitchellville, IA 50169. On May 28, 2024, my request was improperly closed, citing a need for the names of the public officials, which is not a requirement under the law.

On May 30, 2024, I submitted requests #24-1639 and #24-1640 to obtain the names of the individuals who closed my initial request and again the names of the individuals at DOC. These, too, were wrongly closed with the same invalid reasoning.

This conduct is an abuse of power and a violation of my legal rights. I demand the immediate release of the requested employee information and the names of those who closed my requests on May 28, 2024 & May 30, 2024.

Failure to comply will compel me to seek legal remedies to address these violations.”

The Department responded to this Complaint and maintained its position the information regarding employees identified within the photograph could not be provided. The Department provided the information regarding the employee that closed the initial request.

Applicable Law

Iowa Code defines a public record to include all records, documents, tape, or other information, stored or preserved in any medium, of or belonging to the state. Iowa Code § 22.1(3)(a). 

Analysis

Beckett argues two violations of Iowa Code Chapter 22 occurred:

• The Department failed to provide the names, salaries, and titles of the employees shown in the photograph, as requested. 
• The Department failed to provide the names, salaries, and titles of the employees who closed the original public records request. 

In response to Beckett’s first request, the Department responded and acknowledged that names, salaries, and titles of employees are considered public records under Chapter 22. The Department further stated it cannot provide this information without the names or identification of the employees. 

A public record is a record that belongs to and is maintained by a government body. Beckett is not requesting an existing public record, but rather is requesting the Department identify two individuals based on a photograph that does not belong to the government body. In other words, Beckett is seeking the answer to a question: Who are these employees? This is not a record that is stored, preserved, or belongs to the Department. The Department would be required to act to identify the individuals in the photograph. The Department would be required to provide answers to Beckett’s questioning or create a public record that does not exist to respond to the public record request. Chapter 22 does not require the Department do either.

Chapter 22 allows the public to seek documents regarding the salaries and titles of employees, but the request must be for existing public records. Requesting the salaries and titles of employees who currently work in a specific division or requesting the salary and title of an identified employee would constitute a public records request. Asking a government body to identify individuals in a photograph is not a public records request.  For this reason, there is not violation of Chapter 22 in regards to Beckett’s first request.

In regards to Beckett’s second request, the Department did provide the names, salaries, and titles of employees who responded to the original public records request. This information was provided to Beckett following the filing of this Complaint. This issue has been resolved.

Conclusion

Iowa Code § 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint. Following a review of the allegations on their face, it is found that this complaint does not meet those requirements.

Requesting identification of employees from a photograph is not a records request.  There is no violation of Chapter 22 in failing to provide an answer to the question presented to the Department.

IT IS SO ORDERED:  Formal complaint 24FC:0050 is dismissed pursuant to Iowa Code § 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b). 

Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.”  The IPIB will review this Order on August 15, 2024.  Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.

By the IPIB Executive Director

_________________________

Erika Eckley, J.D.